Premier Dealer v Creditors Captive NC 2015 Copyright

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION CASE NO. 5:15-cv-235

PREMIER DEALER SERVICES, INC.,

Plaintiff,

v.

SOUTHERN STATES IMPORTS, INC., CREDITOR’S CAPTIVE FORMATION CORP., JOHN DOES 1 THROUGH 10,

Defendants.

) ) ) ) ) ) ) ) ) ) )

COMPLAINT

NOW COMES Premier Dealer Services, Inc., and for its Complaint against the above-

named Defendants, hereby alleges as follows:

NATURE OF ACTION

1. This is an action for infringement of marks registered on the U.S. Patent and

Trademark Office Supplemental Register, unfair competition, and false designation of origin,

under the Trademark Act of 1946, as amended (The Lanham Act, 15 U.S. Code §1051 et seq.);

the Copyright Act (17 U.S. Code §101, et. seq.); misappropriation of trade secrets under state

law; unfair trade practices under state law, including unfair competition, and unfair or deceptive

acts or practices in the conduct of trade and commerce; breach of contract; for contractual

indemnification; tortious interference with business relations and conversion, arising from

Defendants’ various wrongful acts including the unauthorized use of Premiers’ service marks,

copyrighted marketing materials and forms, and Defendants’ exploitation of trade secrets and

proprietary commercial and business information, acquired from Premier in confidence, to

mimic, and trade upon the goodwill and reputation of Premier, in violation of Premier’s

longstanding prior rights, and in contravention of an express written agreement with Premier.

Case 5:15-cv-00235-D Document 1 Filed 06/04/15 Page 1 of 20

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PARTIES

2. Plaintiff, Premier Dealer Services, Inc. (“Premier”), is an Illinois corporation,

with its principal office in Dublin, Franklin County, Ohio. Since 1998, Premier has been in the

business of providing products and services to automotive dealerships, agents and their

customers.

3. Defendant Southern States Imports, Inc. (“SSI”) is a North Carolina corporation.

4. SSI has its principal place of business in Raleigh, North Carolina.

5. Defendant Creditor’s Captive Formation Corp. (“CCF”) is, on information and

belief, an Oklahoma corporation having its principal place of business in Ketcham, Oklahoma.

6. Defendant John Doe Nos. 1 through 10 are entities affiliated or acting in concert

with, and/or owned or controlled by, SSI, whose identities cannot be determined prior to suit

despite due diligence. On information and belief, each Defendant John Doe owns and/or

operates an automobile dealership in North Carolina.

FACTS

7. Since approximately 1998, Premier has been in the business of creating,

marketing and administering vehicle service contracts, customer loyalty programs, and other

products for automobile dealers.

8. Premier has been continuously using the service marks “Lifetime Powertrain

Protection” and “Lifetime Engine Protection” in commerce since May 1, 2008.

9. Premier has developed expertise in the business and has developed and

maintained its competitive advantage in the marketplace in part through numerous proprietary

systems and information. Premier protects these proprietary systems and information by


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providing them to dealers only pursuant to written agreements containing binding safeguards,

including without limitation, “Administration Agreements.”

10. One of the products Premier offers is its Lifetime Powertrain Loyalty Program

(the “Program”). The Program is designed to give a Lifetime Powertrain Loyalty Certificate to

dealer customers. Dealer customers who participate in the Program are required to ensure that

certain maintenance recommended by the vehicle manufacturer be performed at the dealer’s

service centers. Covered parts under the Program include the drive axle and its subcomponents,

the transmission/transfer case and its subcomponents, and the engine and its subcomponents.

11. Premier contacted SSI in 2012 and made it aware of the benefits available through

participation in the Program.

12. SSI represented that it was interested in participating in the Program and

incorporating the Program into its Dealerships, including without limitation John Does 1 through

10.

13. Premier serviced SSI’s accounts, shared commissions, and shared confidential

and proprietary data and information with Defendants, at their request, including without

limitation marketing materials, the Lifetime Powertrain Loyalty Program Certificate, loss ratios,

data entry, data reports, and session statements.

14. Defendants told Premier they wanted to implement the Program and enter into a

long term business relationship with Premier.

15. Premier continued to provide Defendants with proprietary marketing and other

confidential business information necessary for their implementation of the Program in their

dealerships.


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16. On April 27, 2012, SSI entered into a contract called an Administration

Agreement with Premier. A true copy of that Administration Agreement is attached at Exhibit

1. Section 7.5 of the Administration Agreement specifies that it shall be “construed in

accordance with the laws of the State of Ohio.”

17. Under the terms of the Administration Agreements, Defendants agreed to

participate in the Lifetime Powertrain Protection and Lifetime Engine Protection plans for

Defendants, to arrange for insurers and to process claims.

18. The agreements further contained provisions acknowledging and addressing the

use of Premier’s intellectual property. Specifically, Defendants agreed in Section 7.7 as follows:

Intellectual Property. Premier must approve in writing all materials used by Dealer utilizing Premier’s or the insurer’s name, trademarks, service marks, logos or trade names. This general prohibition will specifically include, but shall not be limited to, business cards, web content, letterheads and promotional and/or advertising materials. All forms, records, and supplies, including, but not limited to insurance forms and rate charts, provided by Premier, are and will remain the property of Premier. Dealer shall maintain positive control over all Program consumer forms and shall be and remain fully liable to Premier for any unauthorized use by any person of any forms proved by Premier to Dealer.

19. Similarly, the agreements further contained provisions acknowledging and

addressing the use of Premier’s proprietary information. Specifically, Defendants agreed in

Section 7.10 as follows:

Proprietary Information. Dealer acknowledges that all information obtained in the scope of its relationship with Premier including but not limited to the following: trade secrets, marketing strategy, customer lists, Program performance data, past requirements of customers, and methods of doing business, to the extent that such information is not generally known by competitors, shall be deemed Proprietary Information of Premier and the insurer. As a condition of this authorization and thereafter, Dealer agrees not to make use of or disclose to any third parties, and Proprietary Information obtained as a result of or in connection with the relationship contemplated herein. All computer systems, procedures, forms, controls, methods, programs, software, hardware, reports, compilations, used or developed while


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an agent of Premier are the exclusive property of Premier or the insurer and may not be shared, sold, disclosed in any manner either during the term of this Agreement or at any time thereafter. Dealer acknowledges that it is the intent of this paragraph to make the insurer the beneficiary of the proscriptions with authority to take appropriate action at law or equity to enforce this provision.

20. Between April 27, 2012 and January 2013, Defendants SSI and/or John Does 1

through 10, exercised rights under the Administration Agreement and enrolled customers in the

Program.

21. During or after January 2013, Defendants ostensibly ceased using the Program

and did not enroll customers in the Program.

22. At some time after April 27, 2012, Defendants took various actions to replicate

Premier’s Program without Premier’s knowledge or consent. On information and belief,

Defendants directly or indirectly created, or improperly entered into an agreement with,

Creditor’s Captive Formation Corp., whereby CCF would perform functions reserved to Premier

under the Administration Agreement.

23. Defendants acted in concert with the common objective of hijacking the Program,

obtaining its benefits, and depriving Premier of the benefits it was entitled to under the

Administration Agreement as the creator of the Program.

24. In engaging in this conduct, Defendants not only replicated Premier’s forms

nearly verbatim but also used Premier’s trademarked logo without Premier’s knowledge or

authorization. Section 3.10 of the Administration Agreement states: “Dealer shall utilize only

current approved Program forms. Dealer shall not modify, waive, alter, or change, whether

orally or in writing, any of the Program materials.”


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25. Premier learned of Defendants’ illegal scheme only in late 2014 when Defendants

mistakenly sent certain claim documents to Premier, instead of Creditor’s Captive Formation

Corp., for processing.

26. As a result of Defendants’ inadvertent error, Premier learned that Defendants had

copied the marketing and administrative materials provided by Premier to circumvent Premier

and implement a program substantially similar to the Program to be provided by Premier on their

own.

27. In fact, Defendants copied Premier’s form (the Lifetime Powertrain Loyalty

Program Certificate) and are using the same form, with minor modifications, to give to

customers. A copy of the form used by Defendants is attached hereto as Exhibit 2.

28. Defendants misrepresented their intentions to Premier to enter into a business

relationship and Administration Agreements so that they could gain the materials, knowledge

and trade secrets provided by Premier and then go into direct competition with Premier.

29. Section 6.3 of the Administration Agreement specifies that it “shall automatically

terminate if Dealer: A. commits fraud; B. sells, transfers or merges the business to a successor

person or entity (unless this Agreement has been assigned to such successor with the written

consent of Premier); [or] H. fails to pay Premier for any Program business.” By operation of

their own conduct, Defendants terminated the Administration Agreement per Section 6.3.

30. Following termination of the Administration Agreement, Defendants were

obligated under Section 6.4 to “return to Premier, or store in a safe place for pick-up by

Premier’s agent, informing Premier that it is doing so, all Program forms, applications,

brochures, supplies, and other property furnished by Premier to Dealer.” Defendants have

willfully failed to comply with Section 6.4 of the Administration Agreement.


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31. Defendants have acted willfully and maliciously and in wanton disregard for the

rights of Premier. At all times, Defendants have had actual knowledge that their conduct: was

and remains unlawful; was and remains in contravention of Premier’s rights; and would

proximately result in significant injury to Premier.

32. Defendants’ conduct has caused, and, if allowed to continue, will continue to

cause, irreparable damage to Premier’s business, reputation, and goodwill. Premier has no

adequate remedy at law.

JURISDICTION AND VENUE

33. This Court has jurisdiction over this action (1) pursuant to 28 U.S. Code § 1331,

because the matter arises under the laws of the United States, namely, the Copyright Act (17 U.S.

Code §101 et. seq.) and the Lanham Trademark Act (15 U.S. Code §1125(a); and (2) pursuant to

28 U.S. Code §1338(a) and (b) because the matter arises under Acts of Congress, including acts

relating to copyright and trademarks and related unfair competition claims filed therewith.

34. Per 28 U.S. Code §1332(a) and (c), this Court has jurisdiction over the dispute

because this is an action between citizens of different states and the amount in controversy

exceeds $75,000.00.

35. Per 28 U.S. Code §1367(a), this Court has supplemental jurisdiction over

Premier’s related claims under the laws of North Carolina and Ohio.

36. This Court has jurisdiction over the parties as they reside in and/or committed acts

giving rise to the claims herein within the Eastern District of North Carolina.

37. Venue is proper in this District under 28 U.S. Code §§ 1391(a), (b) and (c).


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COUNT I COPYRIGHT INFRINGEMENT

38. Premier incorporates the preceding allegations of its Complaint as if rewritten

verbatim herein.

39. Premier is the exclusive owner of copyrighted forms for use in its business,

including a “Lifetime Powertrain Loyalty Program Certificate,” a copy of which is attached

hereto as Exhibit 3.

40. Premier registered its copyright with the U.S. Copyright Office and was assigned

Registration Numbers TX0007741273 and TX0007673553.

41. No license or authorization has been granted to Defendants to use this work, other

than the rights set forth in the Administration Agreement.

42. Defendants’ continued reproduction and use Premier’s copyrighted work

constitutes continued copyright infringement.

43. Defendants’ copying of Premier’s “Lifetime Powertrain Loyalty Program

Certificate” and use of its modified form violates Premier’s copyright and the exclusive rights

held by Premier.

44. Defendants’ infringement of these exclusive rights was and is willful.

45. Defendants’ infringed Premier’s copyright to obtain a commercial advantage in

the market.

46. As a result of Defendants’ acts of copyright infringement and the foregoing

allegations, Premier has suffered damages in an amount to be determined at trial and is entitled

to statutory damages under the Copyright Act.


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COUNT II TRADEMARK INFRINGEMENT


verbatim herein.

48. Premier has used the Lifetime Powertrain Protection and Lifetime Engine

Protection and other word marks, design marks, and service marks, including without limitation

those shown in Sup. Register Nos. 4,116,450 and 4,116,449, continuously, in interstate

commerce, since at least as early as 2008.

49. Premier has also invested substantial time, effort, and financial resources, in the

development, promotion, and protection of these marks.

50. Premier’s word marks, design marks, and service marks are suggestive and

inherently distinctive. The marks have also acquired distinctiveness and secondary meaning in

the marketplace, in that consumers associate the marks with a single source of origin, namely,

Premier.

51. Defendants’ use of Premiers’ marks, marketing materials and the like, as

illustrated in its use of Premier’s logo as shown in Exhibit 4, has caused, and is likely to cause

confusion, including initial interest confusion, mistake, and/or deception as to the source or

origin of Defendants goods, in that the public, and others, are likely to believe that Defendants’

goods are supplied by, sponsored by, approved by, licensed by, affiliated with, or in some other

way legitimately connected to Premier, all in violation of 15 U.S. Code §1125(a).

52. Defendants, by their above-enumerated acts, have willfully and knowingly

infringed Premier’s rights in and to its service marks, and Defendants threaten to further violate

and infringe Premier’s said rights.


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53. As a direct and proximate result of Defendants’ trademark infringement, Premier

has suffered, and will continue to suffer, loss of income, profits, and goodwill, and Defendants

have acquired, and will continue to unfairly acquire, income, profits, and goodwill to which they

are not entitled.

54. Premier is entitled to recover from Defendants, the damages sustained as a result

of their infringing acts, under 15 U.S. Code §1117(a). Premier is unable to ascertain, at present,

the full extent of the monetary damages it has suffered by Defendants’ said acts.

55. Defendants’ conduct was intentional, and without foundation in law.

Accordingly, Premier is entitled to an award of treble damages per 15 U.S. Code §1117(a).

56. The nature and scope of Defendants’ acts make this an exceptional case,

warranting attorney fees, and costs, under 15 U.S. Code §1117(a)(3).

COUNT III FEDERAL UNFAIR COMPETITION AND

FALSE DESIGNATION OF ORIGIN


verbatim herein.

58. Premier’s distinctive marks have become uniquely associated with Premier, and

identify Premier’s goods to the public.

59. Defendants’ use, and threatened continued use, of confusingly similar trade dress,

and Premier’s marks, in connection with their own Program, constitute unfair competition, and

false designations of origin as to the goods sold by and on behalf of Defendants, and comprise

false and misleading representations, in violation of 15 U.S. Code §1125(a).


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60. As a direct and proximate result of Defendants’ false designations of origin and

false and misleading representations, Premier has been damaged, and unless Defendants are

restrained by this Court, Premier will continue to suffer serious, irreparable injury.

61. Pursuant to 15 U.S. Code §1117(a), Premier is entitled to recover from

Defendants, the damages sustained as a result of their acts. Premier is unable to ascertain, at

present, the full extent of the monetary damages it has suffered thereby.

62. Defendants’ conduct was intentional and without foundation in law. Accordingly,

Premier is entitled to an award of treble damages against Defendants, under 15 U.S. Code

§1117(a).

63. Defendants’ acts make this an exceptional case, warranting an award of attorney

fees and costs under 15 U.S. Code § 1117(a).

COUNT IV FRAUD


verbatim herein.

65. Defendant SSI made various false representations to Premier in connection with

its intent to use the Program in accordance with the terms of the Administration Agreement.

66. SSI had full knowledge that its representations to Premier were false because SSI

possessed the contemporaneous intention to use the Program, obtain proprietary information and

training from Premier, and then unlawfully clone Premier’s program and cut Premier out of any

benefits SSI derived from marketing the hijacked Premier Program to SSI’s customers. In the

alternative, SSI acted with reckless disregard for the truth or falsity of its representations.


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67. Premier, without knowledge that SSI’s representations were false, relied on SSI’s

representations in various ways, including without limitation, in deciding to enter into the

Administration Agreement with SSI and to share its proprietary information with SSI.

68. Premier’s reliance was reasonable, justified, detrimental, and foreseeable.

69. SSI concealed its fraud so effectively that Premier was not aware of the fraud and

could not have discovered the fraud with due diligence. Premier discovered the fraud only after

SSI personnel sent claim processing documents to Premier instead of to CCF, the company

Defendants, on information and belief, set up to perform Premier’s claims-processing tasks.

70. Defendants’ actions were made willfully, with malice, and with reckless

indifference as to the rights of Premier.

71. As a direct and proximate result of Defendant’s tortious conduct, Premier has

suffered damages in an amount exceeding the jurisdictional threshold of this Court to be proven

at trial.

COUNT V MISAPPROPRIATION OF TRADE SECRETS


verbatim herein.

73. Premier shared information and data, including but not limited to proprietary and

confidential information and data with Defendants. The information shared by Premier was

business and technical information, including without limitation its business formula, patterns,

programs, methods, techniques, processes, and compilations of information.

74. Premier’s proprietary and confidential information derives independent economic

value by not being accessible to Premier’s competitors, who can profit from its use or disclosure.


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75. Premier has taken more than adequate measures, under the circumstances, to

maintain the secrecy of the proprietary and confidential information above-described, including

by having Defendants sign agreements requiring that such information be kept confidential and

not disclosed to third parties.

76. Premier’s proprietary and confidential information constitute trade secrets, subject

to protection under N.C. Gen. Stat. §66-152, et seq., and Ohio Revised Code §1333.61 et seq.

77. The foregoing conduct of Defendants, including but not limited to the disclosure,

sharing, and commercial exploitation of Premier’s proprietary methods and procedures,

constitutes an actual, as well as threatened, misappropriation and misuse of Premier’s trade

secret-protected information under N.C. Gen. Stat. §66-152, et seq., and Ohio Revised Code

§1333.61, et seq.

78. Defendants are liable to Premier for their receipt and exploitation of the trade

secrets misappropriated and improperly disclosed by Defendants, because, at the times of such

disclosures and exploitation, Defendants knew that their awareness of these trade secrets was

derived from and through persons who owed to Premier duties to maintain their secrecy and to

limit their use.

79. Premier is entitled to recover damages from Defendants for the actual losses

caused by their trade secret misappropriation and any unjust enrichment Defendants have derived

through their use that is not taken into account in computing the damages for actual loss.

Premier is unable to ascertain, at present, the full extent of the losses suffered as a result of

Defendants’ conduct, or the extent to which Defendants have been unjustly enriched.


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COUNT VI UNFAIR TRADE PRACTICES


verbatim herein.

81. Defendants’ actions are in commerce and constitute unfair methods of

competition and unfair and deceptive acts and practices in the conduct of trade and commerce in

violation of N.C. Gen. Stat. §75-1.1.

82. Defendants’ unfair trade practices proximately caused Premier damages in an

amount exceeding the jurisdictional threshold of this Court to be proven at trial.

COUNT VII TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS


verbatim herein.

84. Defendants have improperly, intentionally, willfully, and with malice interfered

with Premier’s current and prospective business relations.

85. On information and belief, Defendants have interfered with Premier’s current,

former, and prospective customers.

86. Defendants’ tortious interference has proximately caused Premier to suffer

damage in an amount exceeding the jurisdictional threshold of this Court to be proven at trial.

COUNT VIII CONVERSION


verbatim herein.


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88. Defendants’ possession and unlawful and improper use of Premier’s intellectual

property, including but not limited to copyrighted material, service marks, and trade secrets,

constitutes a conversion of Premier’s property.

89. As a direct and proximate result of Defendants’ conversion, Premier has suffered

damages in an amount exceeding the jurisdictional threshold of this Court to be proven at trial.

COUNT IX REPLEVIN


verbatim herein.

91. Defendants’ possession of Premier’s intellectual property, including but not

limited to copyrighted material, service marks, and trade secrets, violates Premier’s contractual

rights.

92. The property of Premier unlawfully retained by Defendants constitutes unique

chattels.

93. Premier is entitled to an order directing Defendants to return its property.

COUNT X UNJUST ENRICHMENT


verbatim herein.

95. This Count, arising under North Carolina law, is for unjust enrichment in the

event this Court finds no other remedy available to Premier under any of the foregoing causes of

action.


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96. Defendants were enriched to the extent that they benefitted from the information,

goodwill, and training provided by Premier and Premier was accordingly damaged without

justification or cause.

COUNT XI CIVIL CONSPIRACY


verbatim herein.

98. Defendants entered into a civil conspiracy having numerous unlawful objects

including: interfering with Premier’s contractual and business relations; misappropriating the

trade secrets and intellectual property of Premier for their own use; and misappropriating

Premier’s business.

99. In furtherance of that civil conspiracy, Defendants committed certain overt acts,

including without limitation: the diversion by Premier’s business, the violation of Premier’s

copyrights and marks, the cloning of Premier’s business, and the use and disclosure of Premier’s

proprietary information and trade secrets.

100. As a direct and proximate result of Defendants’ tortious conduct, Premier has

suffered damage herein, in an amount exceeding the jurisdictional threshold of this Court to be

proven at trial.

COUNT XII BREACH OF CONTRACT


verbatim herein.

102. The acts of SSI constitute breaches of the Administration Agreement.


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103. The breach by SSI of the Administration Agreement has proximately caused

Premier to suffer damages in amount exceeding the jurisdictional threshold of this Court to be

proven at trial.

COUNT XIII INDEMNIFICATION AND ATTORNEYS FEES


verbatim herein.

105. Paragraph 7.6 of the Administration Agreement provides:

Indemnification and Hold Harmless. Dealer and Premier agree to indemnify and to defend and hold the other harmless from and against any and all loss, claims, causes of cause of action, liability, expense, cost or other damage of any kind or amount whatsoever, including without limitation reasonable attorney’s fees, costs of court and other costs of defense or prosecution, which arise out of or result from their respective employees, or representatives (i) breach of or failure to perform any of its duties or obligations hereunder; (ii) acting beyond the scope of any authority as may have been granted herein; or (iii) negligence, omission or willful conduct. This provision will survive termination of this Agreement.

106. Pursuant to this provision, Premier is entitled to recover all expenses, damages,

and costs, including attorney’s fees resulting from the breach by Defendants and their employees

and representatives, including all costs and attorney’s fees incurred in prosecuting this action.

COUNT XIV INJUNCTIVE RELIEF


verbatim herein.

108. Unless enjoined from doing so, Defendants’ infringement will continue to cause

Premier irreparable harm by depriving it of the right to control the use of its copyrighted work

and receive revenue from it.


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109. The public interest favors protection of copyrights and enforcement of such

exclusive rights against those who deliberately and willfully infringe them.

110. Premier is therefore entitled to a preliminary and permanent injunction barring

Defendants from continued infringement of the copyrights of Premier and other equitable relief.

111. Defendants’ acts of trademark infringement will cause additional irreparable

injury to Premier if Defendants are not restrained from further violations of Premier’s rights.

112. Premier is entitled to an order, preliminarily and permanently enjoining

Defendants from further use of the marks or any other mark confusingly similar to Premier’s

marks under 15 U.S. Code § 1116(a).

113. Per 15 U.S. Code §1116(a), Premier is entitled to an order, preliminarily and

permanently enjoining Defendants from further acts of unfair competition, false designations of

origin, and false and misleading representations.


Defendants from further misappropriation of Premier’s trade secrets, to eliminate their unfair

commercial advantage under N.C. Gen. Stat. §66-152, et seq., and Ohio Revised Code §1333.61,

et seq.


Defendants from further engaging in unfair methods of competition and unfair and deceptive acts

and practices in the conduct of trade and commerce in violation of N.C. Gen. Stat. § 75-1.1.

116. Premier is further entitled to an order, preliminarily and permanently enjoining

Defendants from further engaging in acts of tortious interference with Premier’s current and

prospective business relations.


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COUNT XV PUNITIVE DAMAGES


verbatim herein.

118. Defendants’ tortious actions herein constitute willful and wanton conduct

exhibiting a reckless disregard for the rights of Premier.

119. Premier is entitled to an award of punitive damages, costs and attorney’s fees.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Premier Dealer Services prays for judgment against all

Defendants, jointly and severally, as follows:

A. Trial by jury on all issues so triable; B. Actual damages in an amount exceeding $75,000; C. Disgorgement per 17 U.S. Code § 504(b) and/or 15 U.S. Code § 1117(a), of any

and all profits resulting from Defendants’ acts; D. An Order directing an accounting per 17 U.S. Code § 504(b) of any and all gains

profits and advantages derived directly or indirectly from their use of Premier’s copyrighted material;

E. At the election of Premier after conducting appropriate discovery, an Order per 17

U.S. Code § 504(c)(1), requiring Defendants to pay an amount of statutory damages in a sum of not less than $30,000.00 per work infringed;

F. That, based on the Court’s finding that Defendants acted willfully, an Order per

17 U.S. Code § 504(c)(2), at the election of Premier after conducting appropriate discovery, requiring Defendants to pay an award of increased statutory damages in a sum of not less than $150,000.00 per work infringed;

G. That, pursuant to 15 U.S. Code § 1117(a), the Court order Defendants to pay

treble damages to Premier; H. An Order per 17 U.S. Code §505, 15 U.S. Code § 1117(a), and the

indemnification provision of the Administration Agreement, directing Defendants to pay Premier’s full cost, legal expenses, and reasonable attorney’s fees incurred in this action;


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I. An Order preliminarily without bond and permanently enjoining Defendants, their agents, representatives, officers, employees, and all those acting in concert therewith, to restrain and enjoin Defendants as set forth herein, including without limitation, regarding (i) infringement of Premier’s copyrights; (ii) use of the marks, and designations which infringe Premier’s rights or which are confusingly similar thereto; (iii) Defendants’ acts of unfair competition, false designation of origin, and false and misleading representations with respect thereto; (iv) further misappropriation and disclosure of Premier’s trade secrets; (v) further unfair acts, practices, and/or methods of competition; and (vi) further breaches of the obligations embodied in the Administration Agreement signed by Defendants;

J. An Order requiring Defendants to return all Premier’s property; K. An award of punitive damages; L. An Award of pre- and post-judgment interest; and M. Such other relief as the Court deems appropriate.

Respectfully submitted this the 4th day of June, 2015.

/s/ Scott R. Thomas Scott R. Thomas, Kentucky State Bar No. 0061040 HEMMER DEFRANK WESSELS PLLC 250 Grandview Drive, Suite 500 Ft. Mitchell, Kentucky 41017 Telephone: (859) 578-3862 Fax: (859) 578-3869 Email: [email protected] Counsel for Plaintiff Premier Dealer Services, Inc.

/s/ Christopher T. Graebe Christopher T. Graebe, NCSB No. 17614 Mark R. Sigmon, NCSB No. 37762 GRAEBE HANNA & SULLIVAN, PLLC 4350 Lassiter at North Hills Ave., Suite 375 Raleigh, North Carolina 27609 Telephone: 919-863-9090 Fax: 919-863-9095 Email: [email protected]

[email protected] Local Rule 83.1 Counsel


Documents

Premier Dealer v Creditors Captive NC 2015 Copyright